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Saturday, May 13, 2006

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National

Expunge High Court remark: BCCI

Legal Correspondent

No objection to anticipatory bail for Dalmia

"Dalmiya must cooperate in investigation" Observation not objectionable: Sorabjee

NEW DELHI: The Maharashtra Government and the Board of Control for Cricket in India has informed the Supreme Court that they are not opposing anticipatory bail granted to Jagmohan Dalmiya, former BCCI president, and three others by the Bombay High Court on March 21.

They, however, pleaded for expunging certain observations made by the High Court which, while granting anticipatory bail in a case of misappropriation of funds during the 1996 World Cup, said: "Brooding omnipotence of the State machinery being available at the disposal of the complainant also cannot be ignored." Both the State and the BCCI filed special leave petitions against its order and observations.When the matter came up for admission before a Bench consisting of Justices S.B. Sinha and P.K. Balasubramanyan on Friday, senior counsel for Maharashtra said it was not opposed to the grant of anticipatory bail. Only "he [Mr. Dalmiya] must cooperate with the investigation." He also said certain observations made by the High Court were uncalled for.

"Vindictive"

Initially, L.N. Rao, senior counsel for the BCCI, said the board was opposed to the grant of anticipatory bail to Mr. Dalmiya and others. At this, the Bench said: "It is too much to say you will oppose anticipatory bail. It is certainly vindictive. The BCCI has no locus standi in this matter because you are the complainant. We will dismiss your appeal."

Senior counsel Soli Sorabjee, appearing for Mr. Dalmiya, said there was nothing objectionable in the remark, "brooding omnipotence of the State machinery."

Notice issued

Subsequently, Mr. Rao said the BCCI was also not opposing anticipatory bail but was only aggrieved at certain observations.

The Bench then issued notice to Messrs Dalmiya, S.K. Nair, Kishore Rungta and Jyoti Bajpai on the limited question whether the High Court's remarks could be "expunged or not."

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